Sunday, January 18, 2015

Goans registered in Portugal before 1961 to be Indians (ToI)


PANAJI: There seems to be some relief coming to many Goans who are in a fix for having registered their births in Portugal. The Centre is sending a high-level team to resolve their issues and all those who have registered their birth in Portugal will now be able to be clearly Citizens of India, and there will be no further confusion in this.

It was the practice during the days of the Portuguese rule till 1961 that all those who were born in Goa could register their births in Portugal. Also, those whose parents had registered their births in Portugal were eligible to register their births in Portugal and subsequently obtain Portuguese nationality or get the Bilhete de Identidade (as good as getting a Portuguese citizenship). Many Goans used the Bilehete de Identidade to travel across Europe since they did not require a Schengen visa for the travel. Many also took employment in Europe on the basis of the Bilhete.

The Centre will send a team with officials from the ministry of home affairs (MHA) and ministry of external affairs to Goa in the last week of January, to discuss the dual citizenship issue with the state government before taking a final decision to resolve the imbroglio, sources told STOI.

A source in the NRI commission said, "In-principle the MHA has agreed to sort out the issue in favour of those who have registered their birth in Portugal." Those holding Portuguese passport or Bilhete de Identidade cannot expect any relief since India doesn't have dual citizenship policy or law, he added.



According to information with government, there are around 40,000 Goans who have registered their birth in Portugal but do not have a Portuguese passport or Bilhete de Identidade.

The dual citizenship issue has particularly been a very sentimental one among people from Salcete region in South Goa, and is also politically a sensitive matter. Soon after the State elections in 2012, former chief minister Churchill Alemao's daughter Valanka Alemao filed a case in the high court of Bombay at Goa against Goa Vikas Party MLA Caetano (Caitu) de Silva (Benaulim constituency) for disqualification since he had registered his birth in Portugal and her contention was that thus he ceased to be an Indian national. Caitu had supported Manohar Parrikar's government and is still part of the BJP-led coalition in Goa.

Social activist Kashinath Shetye had filed a case against BJP MLA Glen Ticlo (Aldona constituency) for also having registered his birth in Portugal and hence contended that a criminal case should be filed against him since he ceased to be an Indian citizen.

Panaji police has also booked Superintendent of Police Jose Allen De Sa, PI Edwin Colaco, six unknown persons working at the high court of Bombay at Goa, 43 unidentified advocates, 500 unknown persons working/retired in government departments in Goa and other individuals for allegedly acquiring dual citizenship (which is not legal in India) in the same manner, based on the case filed by Shetye. People who have registered their birth in Portugal are eligible to obtain Portuguese nationality and all they need to do is to apply for Bilhete de Identidade in Portugal as a precursor to obtaining citizenship of that country.

Cases have also been filed in high court against BJP MLA Glen Ticlo, Goa Vikas Party MLA Caetano 'Caitu' Silva, de Sa for allegedly acquiring dual citizenship.

The source said MHA is contemplating to resolve the issue by either taking a declaration of rejection of Portuguese nationality from a person who has registered his/her birth in Portugal or by enacting a law wherein those born before 1961 and hence registered their birth in Portugal could be declared as an Indian.

"This facility will be given for a period of time," he said. This concession will be given to those who have already registered their birth in Portugal and not for those who may register their birth in Portugal in the future, he said.

In November 2014, the state government and the Union government held a meeting to discuss and find a solution to the dual citizenship issue. After the meeting, then chief minister Manohar Parrikar had said that the Union home ministry had assured to resolve the vexed dual nationality issue by taking legal advice.

Parrikar had also said that the citizenship order of 1962 of the government of India which grants Indian citizenship to Goans cannot go away through any law of a foreign country unless someone voluntarily gives up his citizenship and takes a passport of another country.
 http://timesofindia.indiatimes.com/india/Goans-registered-in-Portugal-before-1961-to-be-Indians/articleshow/45926354.cms

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